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The Ohio Supreme Court has forced the anti-smoking forces to take a step back ruling that local health boards can’t ban smoking in public buildings.

In a 6-1 decision, the high court determined that the Toledo-Lucas County Board of Health exceeded its power in May 2001 when it imposed harsh countywide restrictions on smoking.
The ruling throws into question smoking regulations passed by 11 other county and city health boards in Ohio, including Lorain and Barberton, although they were not part of the case.
The Lucas County ban prohibited smoking on all public transportation and in public buildings, including bars and bowling alleys, and it required smokers to remain at a reasonable distance outside to keep smoke from entering a building.

I am no fan of smoking, but it is nice to see the court upholding proper legislative authority. The anti-smoking zealots have been trying an end around the public by using local health boards. If they want to ban smoking they are going to have to do it through the democratic process now.